Licensing Committee - 07/03/2013

At a MEETING of the LICENSING COMMITTEE held at Dundee on 7th March, 2013.

 

Present:-

 

COUNCILLORS

 

Jimmy BLACK

Craig MELVILLE

Lesley BRENNAN

Stewart HUNTER

Mohammed ASIF

Tom FERGUSON

 

Laurie BIDWELL

 

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

The minute of meeting of this Committee of 7th February, 2013 was held as read.

 

Unless marked thus * all items stand delegated.

 

I DECLARATION OF INTEREST

 

No declarations of interest were made.

 

II MINUTES OF MEETINGS OF LICENSING SUB-COMMITTEE

 

The minutes of meetings of the Licensing Sub-Committee held on 1st February and 7th February, 2013, were submitted and noted for information and record purposes, copies of which are attached to this minute as Appendices I and II.

 

III CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) NEW APPLICATIONS GRANTED UNDER DELEGATED POWERS

 

The Committee noted that the undernoted applications had been granted under delegated powers.

 

LATE HOURS CATERING - NEW APPLICATION

 

No

Name

Address

 

1

Tay Restaurants Ltd

21-25 Reform Street

 

MARKET OPERATOR - NEW APPLICATION

 

No

Name

 

1

Charlotte Worswick

 

PRIVATE HIRE OPERATOR - NEW APPLICATION

 

No

Name

 

1

John McDade

 

TAXI DRIVER - NEW APPLICATIONS

 

No

Name

 

1

Stewart Bearn

2

George Breen

3

John B de-Gernier

4

David Ross

5

Michael R Ward

 

 

TAXI OPERATOR - NEW APPLICATIONS

 

No

Name

 

1

Auld and Doig

2

Umer Khan

3

Jakub Koprowski

4

Stobswell Cabs 2012 Ltd

 

WINDOW CLEANER - NEW APPLICATION

 

No

Name

 

1

Michael Duncan

 

(b) APPLICATION PROCEDURE

 

On a reference to Article III(e) of the minute of meeting of this Committee held on 7th February, 2013, it was recommended that applicants in respect of Market Operators, Public Entertainment (site) and Street Trader's Licences (where a permanent or semi-permanent pitch was involved) be required to submit evidence that they had the consent of the owner of the ground to occupy the site. This would have to be submitted with the application and the application would not be processed until it was received.

 

Where sufficient evidence had not been submitted within the six month period allowed for processing applications, it was recommended that the Committee delegate authority to the Head of Democratic and Legal Services to reject the application as incompetent without the need to refer the matter to Committee.

 

The Committee agreed the recommendations contained within the note.

 

(c) SCOTTISH GOVERNMENT TAXI AND PRIVATE HIRE CONSULTATION

 

It was reported that in November, 2012, the Scottish Government issued a consultation document on proposals for the reform of the licensing system for taxis and private hire cars. A copy of the consultation document and a draft response were submitted. The Committee agreed the draft response for submission to the Scottish Government, subject to the inclusion of additional comments that consideration be given to:-

 

(i) powers to ensure that taxis complied with air quality matters as vehicle standards increased;

 

(ii) increased customer/passenger safety by means of regulating hours worked consecutively by taxi drivers similar to that of HGV drivers; and

 

(iii) expanding Section 18 and 20 on access for people with disabilities to include people who may have mobility issues which restrict their access to and exit from vehicles but may not necessarily be registered as disabled.

 

(d) ADVANCE PAYMENT OF TAXI FARES

 

On a reference to Article III(f) of the minute of meeting of this Committee of 2nd February, 2012, wherein the Taxi Trade had requested that all taxi licence holders had their conditions of licence varied requiring a sign to be displayed in taxis advising customers that advance payment of fares would be required.

 

It was reported that following discussion at the Taxi Liaison Group, the Trade representatives indicated that they would, as an alternative, accept the taxi fare card being amended to include the following wording:-

 

At the discretion of the driver, you may be asked to pay a deposit to cover the fare in advance.

 

Consideration of the request was deferred to allow Tayside Police to monitor and report back and a letter from them was submitted.

 

The Committee agreed to maintain the current position and that a further report be submitted to a meeting of the Committee in 12 months time following further discussion at a meeting of the Taxi Liaison Group.

 

(e) MARKET OPERATORS - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

Location

 

1

Med Foods Ltd/Ali Javanmardy

Outside the Overgate Centre

 

In the case of this application, the Committee noted that the letter of objection which had been submitted by the City Centre Manager had now been withdrawn. There was submitted information from the applicant (site plan and letter of consent). The applicant had indicated that he would trade on seven occasions for five days each in a calendar year. Thereafter, having heard the applicant, consideration of amended plan which had been tabled by the applicant in relation to the location, operation of the licence and photographic images which were tabled by the applicant and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to the operation of the licence being confined within the area indicated within the plan as tabled and subject to a satisfactory inspection by the Environment Department.

 

(f) TAXI DRIVER'S LICENCE - NEW APPLICATION

 

There was submitted the undernoted application.

 

No

Name

 

1

Donna E Flynn

 

In the case of this application, the Committee noted that the applicant was not present and agreed that the matter be considered in their absence. Thereafter, having noted that the applicant had failed to produce their Unique Tax Reference number, the Committee agreed that the application be refused.

 

(g) APPROVED LIST OF ACCESSIBLE VEHICLES - ADDITION TO LIST

 

It was reported that the Peugeot Expert Tepee Conversion model presented by Cabs Direct had been assessed by the Plant and Vehicle Officer and that having received the appropriate certificate, it was recommend that this individual vehicle be added to the list of whole volume accessible vehicles.

 

The Committee agreed that the vehicle be added to the list of whole volume accessible vehicles as reported.

 

IV THEATRES ACT 1968

 

(a) THEATRE LICENCE - NEW APPLICATION AND REQUEST FOR VARIATION

 

There was submitted the undernoted application.

 

No

Name

Address of Premises

 

1

Gardyne Theatre Ltd/Alan Dear

Gardyne Theatre, Gardyne Road

 

In the case of this application, the Committee noted that a request for variation had been received to remove Condition 5 to allow alcohol to be consumed in the auditorium. Thereafter, having considered the advice of the Legal Officer, the Committee agreed that the request be granted.

 

V HOUSING SCOTLAND ACT 2006

 

(a) HOUSES IN MULTIPLE OCCUPATION - NEW APPLICATIONS

 

There were submitted the undernoted applications.

 

No

Name

Person Responsible

Address

 

1

Gregory Mejias

Gregory Mejias

24F Constitution Road

2

Howard E A and

Mary F Williams

2 Rent Me Property Management Ltd/Richard Hawkins

G/L, 30 Cleghorn Street

3

Gordon Davidson

Gordon Davidson

9D Cardean Street

4

Stephen W Brown and

Elizabeth V Beek

4/2, 45 Commercial Street

5

Barbara A and Mark R Norris

3/2, 132A Nethergate

6

John Whetstone, Alan Paterson

and John Brown

2/1, 20 Whitehall Street

7

Shazia Naveed and Amer N Kashif

G/1, 1 Rustic Place, Dudhope Street

8

ASD Property LLP

2/2, 166 Perth Road

9

Leslie and Barrie Dear

4E Stirling Street

10

Lee Chadwick

Flat J, 5 Balgay Road

11

Alan J Speirs

3/1, 132A Nethergate

12

Robert Naylor

G/1, 6 Morgan Place

 

In the case of Application No 1, the Committee, having heard a representative of the Housing Department, a representative on behalf of the applicant and consideration of the advice of the Legal Officer, agreed that the application be granted for a period of three months and that a report be submitted to a meeting of the Committee on the operation of the licence.

 

In the case of Application No 2, the Committee noted that this application had been withdrawn from consideration by the applicant.

 

In the case of Application No 3, the Committee noted that the applicant had submitted the Certificate of Compliance to the satisfaction of the Licensing Department. Thereafter, having heard a representative of the Housing Department and the applicant on their own behalf, the Committee agreed that the application be granted.

 

In the case of Application Nos 4 to 12, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

 

(b) HOUSES IN MULTIPLE OCCUPATION - VARIATIONS

 

There were submitted the undernoted requests for variation.

 

No

Address

Nature of Variation

 

1

3/1, 82 Victoria Road

Change of day to day manager to Janekin McBoyle.

 

2

1D St Peter Street

Change of day to day manager to Cairn Lettings Ltd/David Rowland.

 

3

15 Milnbank Gardens

Change of day to day manager to Nicholas Mawhinney.

 

 

4

4/2, 84 Commercial Street

Change of day to day manager to Premier Property Management/Shonie White.

 

5

2/2, 1 Graham Place

Change of day to day manager to Allsop Residential Investment Management/Hazel Sharp.

 

6

10 Brook Gardens

Physical change to the property (not including a change of occupancy).

 

In the case of Application Nos 1, 2 and 6, the Committee agreed that consideration of these applications be deferred to a future meeting of the Committee.

 

In the case of Application No 3, the Committee agreed that consideration of this application be taken in the confidential part of the agenda.

 

In the case of Application Nos 4 and 5, the Committee, having heard a representative of the Housing Department and the applicants on their own behalf, agreed that the applications be granted.

 

(c) HOUSES IN MULTIPLE OCCUPATION - UPDATES

 

No

Name

Person Responsible

Address

 

1

John O and

Marjory A MacLean

John MacLean

17 Polepark Road

 

Reference was made to Article IV(i) of the minute of meeting of the Licensing Committee held on 6th September, 2012, wherein the Committee granted a request for variation to allow Mr John MacLean to be the day to day manager and to recall the matter in six months time with an update from the Private Sector Services Manager on the operation of the licence.

 

In the case of this matter, the Committee, having heard a representative of the Housing Department, agreed that no further action be taken.

 

2

Brian A McMillan

Grant Management Solutions Ltd/

Peter Grant

2/1, 8 Garland Place

 

Reference was made to Article IV(j) of the minute of meeting of the Licensing Committee held on 6th September, 2012, wherein the Committee agreed to grant a renewal application but to recall the matter in six months time for an update from the Private Sector Services Manager on the operation of the licence.

 

There was submitted the original letter of objection from a member of the public relevant to this application.

 

Thereafter, having heard a representative from the Housing Department, the Committee agreed that no further action be taken.

 

3

West Register

(Property Investments) Ltd

Allsop Residential

2/2, 1 Graham Place

 

Reference was made to Article IV(a) of the minute of meeting of this Committee held on 7th February, 2013, wherein the Committee agreed to grant the application, subject to provision that the outstanding works were carried out within one month. Thereafter, having heard a representative of the Housing Department, the Committee agreed that no further action be taken.

 

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

 

VI ANTI-SOCIAL BEHAVIOUR (SCOTLAND) ACT 2004 - REGISTRATION OF CERTAIN LANDLORDS

 

Reference was made to Article V of the minute of meeting of this Committee held on 23rd January, 2013, wherein it was agreed that consideration of the hearing in relation to the suitability of Mr J C to be registered as a landlord be adjourned to this meeting to allow Mr J C to show an improvement in his methods of administering his business.

 

The original letter of information from the Private Sector Services Manager was submitted, together with a letter of support on behalf of the licence holder at the meeting held on 23rd January, 2013. An updated report from the Private Sector Services Manager was also submitted.

 

The Committee gave consideration to the content of the documentation. Thereafter, having heard a representative of the Housing Department, an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the hearing be adjourned to the meeting of this Committee to be held on 28th March, 2013.

 

VII HOUSING (SCOTLAND) ACT 2006

 

Reference was made to Article VI of the minute of meeting of this Committee held on 23rd January, 2013, wherein it was agreed to adjourn the revocation hearings in terms of Section 139 of the above Act to determine Mr J Cs fitness to hold licences and to act as a day to day manager and to allow Mr J C to show an improvement in his methods of the administering of his business.

 

There was submitted the original letter of information from the Housing Department in relation to Mr J C.

 

Thereafter, the Committee, having heard an agent on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, agreed that the hearings be adjourned to the meeting of this Committee to be held on 28th March, 2013.

 

VIII CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) STREET TRADERS LICENCE - NEW APPLICATION

 

Reference was made to Article III(e) of the minute of meeting of this Committee held on 7th February, 2013, wherein the Committee agreed to defer consideration of the application by Mr D A for a Street Trader's Licence to allow the applicant to submit further information.

 

In the case of this application, there was submitted further information from the applicant, together with information from the City Development Department. The Committee gave consideration to the content of the information provided. Thereafter, having heard the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the application be granted, subject to dates of operation agreed with the Roads Department and that the licence be recalled to the meeting of this Committee to be held in June, 2013 for an update to be provided.

 

(b) TAXI DRIVER'S LICENCE - NEW APPLICATIONS

 

(i) There was submitted an application by Mr R H for a Taxi Drivers Licence. The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of the Chief Constable, a representative on behalf of the applicant, the applicant on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that consideration of the application be deferred to the meeting of this Committee to be held on 2nd May, 2013, to await the outcome of court proceedings.

 

(ii) There was submitted an application by Mr R K for a Taxi Drivers Licence. The Committee gave consideration to a letter of objection which had been submitted by the Chief Constable relevant to this application. Thereafter, having heard a representative of the Chief Constable, representatives on behalf of the applicant, the applicant on their own behalf and consideration of a letter of support which had been tabled by a representative on behalf of the applicant, the Committee agreed to grant the application for a period of six months.

 

(c) TAXI DRIVERS LICENCE - UPDATE

 

Reference was made to Article V(b)(iii) of the minute of meeting of this Committee held on 6th December, 2012, wherein the Committee agreed to grant the application by Mr M McN for a period of three months.

 

There was submitted the original letter of objection from the Chief Constable relative to this application. Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed to grant the application for a further period of three months.

 

(d) TAXI DRIVER'S LICENCE - SUSPENSION HEARING

 

(i) Reference was made to Article VI(g)(iii) of the minute of meeting of this Committee held on 6th September, 2012, wherein the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr M A during the currency of his Taxi Drivers Licence to await the outcome of court proceedings.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr M A during the currency of his Taxi Drivers Licence.

 

Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that the licence holder be issued with a verbal warning as to their future conduct and to adjourn the hearing for a period of six months for an update from the Chief Constable.

 

(ii) Reference was made to Article IV(c)(i) of the minute of meeting of this Committee held on 27th September, 2012, wherein the Committee agreed to adjourn the hearing in relation to the alleged conduct of Mr J A during the currency of his Taxi Drivers Licence, to allow the outstanding monies to be paid and to report back to the Committee every six months on progress.

 

There was submitted the original letter of information from the Head of Accounts and Benefits relevant to the alleged conduct of Mr J A during the currency of his Taxi Drivers Licence.

 

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having considered the advice of the Legal Officer, the Committee agreed to adjourn the hearing for a further period of six months.

 

(iii) Reference was made to Article VI(g)(vi) of the minute of meeting of this Committee held on 6th September, 2012, wherein the Committee agreed to issue a warning to Mr S D in relation to his conduct during the currency of his Taxi Drivers Licence and to recall the hearing in six months time.

 

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr S D during the currency of his Taxi Drivers Licence.

 

The Committee noted that the licence holder was not present and agreed the matter be considered in their absence. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 28th March, 2013.

 

(iv) Reference was made to Article II(c)(i) of the minute of meeting of the Licensing Sub‑Committee held on 23rd January, 2013, wherein it was agreed that a hearing be held in relation to the alleged conduct of Mr S D during the currency of his Taxi Drivers Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr S D during the currency of his Taxi Drivers Licence.

 

Thereafter, having heard a representative of the Chief Constable and the licence holder on their own behalf, the Committee agreed that a verbal warning be issued to the licence holder as to their future conduct and that no further action be taken.

 

Councillor Asif left the Chamber prior to consideration of the undernoted matters and did not return.

 

(v) Reference was made to Article V(c)(iv) of the minute of meeting of this Committee held on 6th December 2012, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr M F during the currency of his Taxi Drivers Licence to await the outcome of court proceedings.

 

The original documentation in relation to this matter was submitted. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence.

 

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held in May, 2013.

 

(vi) Reference was made to Article V(d)(iii) of the minute of meeting of this Committee held on 7th February, 2013, wherein it was agreed to adjourn consideration of the hearing in relation to the alleged conduct of Ms S G during the currency of her Taxi Driver's Licence to await the outcome of court proceedings.

 

There was submitted the original letter of information from the Chief Constable in relation to the alleged conduct of Ms S G during the currency of her Taxi Drivers Licence.

 

The Committee noted that the licence holder was not present and agreed the matter be considered in their absence. Thereafter, having heard a representative of the Chief Constable, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 27th June, 2013.

 

(vii) Reference was made to Article IV(a)(ii) of the minute of meeting of this Committee held on 23rd January, 2013, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr B McL during the currency of his Taxi Drivers Licence to allow the licence holder to be present and to explain the circumstances as narrated in the letter of information from the Chief Constable dated 29th October, 2012 and further agreed to take no further action against the letter from the Chief Constable dated 14th November, 2011.

 

There was submitted the original letter of information from the Chief Constable in relation to the alleged conduct of Mr D McL during the currency of her Taxi Drivers Licence, together with an additional letter of information from the Chief Constable dated 29th October, 2012.

 

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 28th March, 2013.

 

(viii) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 1st February, 2013, wherein the Taxi Drivers Licence held by Mr V R was suspended with immediate effect and it was agreed that a hearing be held in relation to the alleged conduct of Mr V R during the currency of his Taxi Drivers Licence.

 

There was submitted the original letter of information from the Chief Constable relative to the alleged conduct of Mr V R during the currency of his Taxi Drivers Licence.

 

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 28th March, 2013 and to continue the immediate suspension of the Taxi Drivers Licence held by Mr V R with immediate effect during the intervening period.

 

(ix) Reference was made to Article I(c)(x) of the minute of meeting of this Committee held on 6th December, 2012, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr S S during the currency of his Taxi Drivers Licence to await the outcome of criminal proceedings and to continue the immediate suspension of the Taxi Drivers Licence held by Mr S S with immediate effect during the intervening period.

 

There was submitted the original letter of objection from the Chief Constable relevant to the alleged conduct of Mr S S during the currency of his Taxi Drivers Licence.

 

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard from a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and to recall the immediate suspension of the Taxi Drivers Licence held by Mr S S with immediate effect.

 

(x) Reference was made to Article II(a)(i) of the minute of meeting of the Licensing Sub‑Committee held on 7th February, 2013, wherein it was agreed to hold a hearing in relation to the alleged conduct of Mr D S during the currency of his Taxi Drivers Licence.

 

There was submitted a letter of information from the Chief Constable relevant to the alleged conduct of Mr D S during the currency of his Taxi Drivers Licence.

 

Thereafter, having heard from a representative of the Chief Constable, a representative on behalf of the licence holder, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken.

 

(xi) Reference was made to Article V(c)(vii) of the minute of meeting of this Committee held on 7th February, 2013, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr M T during the currency of his Taxi Drivers Licence to allow the licence holder to be present.

 

There was submitted the letter of information from the Chief Constable relevant to the alleged conduct of Mr M T during the currency of his Taxi Drivers Licence.

 

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard from a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that should an application for renewal of licence be submitted by Mr M T that this be submitted to the Committee for consideration and that Mr M T be issued with a letter reminding him of the conditions of licence.

 

(xii) Reference was made to Article II(b)(iii) of the minute of meeting of this Committee held on 10th December, 2012, wherein it was agreed to adjourn the hearing in relation to the alleged conduct of Mr R G during the currency of his Taxi Drivers Licence to await the outcome of criminal proceedings.

 

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr R G during the currency of his Taxi Drivers Licence.

 

The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 28th March, 2013.

 

(e) TAXI DRIVER'S/TAXI OPERATOR'S LICENCE - SUSPENSION HEARINGS

 

Reference was made to Article V(e)(i) of the minute of meeting of this Committee held on 7th February, 2013, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr A A during the currency of his Taxi Drivers and Taxi Operators Licences to await the outcome of court proceedings.

 

There was submitted the letter of information from the Chief Constable relevant to the alleged conduct of Mr A A during the currency of his Taxi Drivers and Taxi Operators Licences, together with an additional letter of information which had been submitted by a local solicitor. Thereafter, having heard a representative of the Chief Constable, the licence holder on their own behalf and consideration of the advice of the Legal Officer, the Committee agreed that no further action be taken and that the licence holder be issued with a verbal warning as to their future conduct.

 

(f) WINDOW CLEANER'S LICENCE - SUSPENSION HEARING

 

Reference was made to Article V(e)(i) of the minute of meeting of this Committee held on 6th December, 2012, wherein the Committee agreed to adjourn consideration of the hearing in relation to the alleged conduct of Mr G MacF during the currency of his Window Cleaners Licence to await the outcome of court proceedings and to continue the suspension of the Window Cleaners Licence held by Mr G MacF with immediate effect during the intervening period.

 

There was submitted the original letter of information from the Chief Constable relevant to the alleged conduct of Mr G MacF during the currency of his Window Cleaners Licence. The Committee noted that the licence holder was not present and agreed that the matter be considered in their absence. Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Committee agreed to adjourn the hearing until the meeting of this Committee to be held on 6th June, 2013.

 

(g) HOUSES IN MULTIPLE OCCUPATION - VARIATION

 

Reference was made to Article V(b) of this minute, wherein it was agreed that the application for change of day to day manager for 15 Milnbank Gardens be taken in private.

 

In the case of this application, there being no objections, the Committee agreed that the application be granted.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 1st February, 2013.

 

APPENDIX I

 

Present:-

 

Councillor Stewart HUNTER

 

Councillor Kevin CORDELL

 

Councillor Lesley BRENNAN

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

Unless marked thus * all items stand delegated.

 

The Convener agreed that the undernoted item of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

 

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

 

I CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVER'S LICENCE - REQUEST FOR SUSPENSION

 

There was tabled a letter of information from the Chief Constable relative to the alleged conduct of Mr V P during the currency of his Taxi Driver's Licence.

 

The Sub-Committee gave consideration to the content of the letter submitted by the Chief Constable.

 

Thereafter, having heard a representative of the Chief Constable and consideration of the advice of the Legal Officer, the Sub-Committee agreed that the Taxi Driver's Licence held by Mr V P be suspended with immediate effect and that a hearing be convened in due course in relation to the fitness of Mr V P to be the holder of a Taxi Driver's Licence.

 

 

 

 

Stewart HUNTER, Convener.

 

At a MEETING of the LICENSING SUB-COMMITTEE held at Dundee on 7th February, 2013.

 

APPENDIX II

 

Present:-

 

Councillor Stewart HUNTER

Councillor David BOWES

Councillor Tom FERGUSON

 

Councillor Stewart HUNTER, Convener, in the Chair.

 

Unless marked thus * all items stand delegated.

 

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 3, 6 and 9 of Part I of Schedule 7A of the Act.

 

I DECLARATION OF INTEREST

 

No declarations of interest were made.

 

II CIVIC GOVERNMENT (SCOTLAND) ACT 1982

 

(a) TAXI DRIVER'S LICENCE - REQUEST FOR HEARING

 

There was submitted a letter of information from the Chief Constable relative to the alleged conduct of Mr D S during the currency of his Taxi Driver's Licence.

 

The Sub-Committee gave consideration to the content of the letter. Thereafter, having heard the representative of the Chief Constable, the Sub-Committee agreed that a hearing be convened in due course in relation to the fitness of Mr D S to be the holder of a Taxi Driver's Licence.

 

The Convener agreed that the undernoted items of business be considered as a matter of urgency in terms of Standing Order No 17(b) in view of the timescales involved.

 

(b) INDISCRIMINATE PARKING

 

(i) There was submitted a note of information from the Licensing Department relative to the conduct of Mr W W during the currency of his Taxi Driver's Licence.

 

The Sub-Committee gave consideration to the content of the note submitted by the Licensing Department. The Sub-Committee noted that the licence holder had been observed parking indiscriminately and that he had been previously warned to stop the practice. Thereafter, the Sub‑Committee agreed that a final written warning be issued to Mr W W and to note that any further infringement would result in a request for a hearing in relation to his fitness to be the holder of a Taxi Driver's Licence.

 

(ii) There was submitted a note of information from the Licensing Department relative to the conduct of Mr J R during the currency of his Taxi Driver's Licence.

 

The Sub-Committee gave consideration to the content of the note submitted by the Licensing Department. The Sub-Committee noted that the licence holder had been observed parking indiscriminately and that he had been previously warned to stop the practice. Thereafter, the Sub‑Committee agreed that a final written warning be issued to Mr J R and to note that any further infringement would result in a request for a hearing in relation to his fitness to be the holder of a Taxi Driver's Licence.

 

Stewart HUNTER, Convener.